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197 So. 3d 1094

Johnston v. State

District Court of Appeal of Florida

Decided February 26, 2016

District Court of Appeal of Florida · decided 2016-02-26

Relies on 176 So. 3d 914 - State of Florida v. Dean Alden Shelley · 154 So. 3d 1168 - Sang Youn Kim v. State

Decided 2016-02-26

PER CURIAM.

¶1Andrew Johnston appeals his judgments and sentences for traveling to seduce, solicit, or entice a minor for sex in violation of section 847.0135(4)(a), Florida Statutes (2013), and using a computer to seduce, solicit, or entice a minor for sex in violation of section 847.0135(3)(a). He argues, among other things, that a conviction and sentence for both offenses violates the prohibition against double jeopardy. The State agrees, conceding error in view of the Florida Supreme Court’s recent holding in State v. Shelley, 176 So.3d 914 (Fla.2015). See also Sang Youn Kim v. State, 154 So.3d 1168 (Fla. 2d DCA 2015). We therefore affirm the section 847.0135(4)(a), traveling conviction and sentence, but vacate the lesser, section 847.0135(3)(a), soliciting conviction and sentence. See Shelley, 176 So.3d at 919. We have considered and reject all other arguments raised by Mr. Johnston.

¶2AFFIRMED IN PART AND VACATED IN PART.

THOMAS, OSTERHAUS, and KELSEY, JJ., concur.
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